General Terms and Conditions

for services of INNOFLEET. INNOFLEET is part of the limited company RUFF pm GmbH.

1. Acknowledgement of the Terms of Contract

The customer/user/renter has been instructed in depth about the provisions, in particular about the retention, the cessation of limitation on liability and comprehensive protection. The contractual clauses have been discussed in detail and expressly acknowledged by the customer/user/renter. An official copy was handed over to the customer/user/renter.

2. Condition of Vehicle / Duration and Price

INNOFLEET shall provide a roadworthy, clean  and technically flawless vehicle to the customer for use, unless expressly requested otherwise by the customer. The entrustment shall begin with the vehicle takeover and end with the return at the agreed return location. If the vehicle has been damaged as a result of fault on the part of the customer, the agreed entrustment shall be extended until the end of repair itself or of the repair period specified by a vehicle expert; in the event of total accidental damage, the replacement period set by an expert and/or 14 days in accordance with general law shall apply. Should the vehicle be handed in before the end of the agreed rental period, the agreed rates (per day or per kilometre) are to be paid for the remaining period up to the agreed return date. The costs for lubricants and fuels as well as all cleaning costs shall be borne by the customer. The price to be paid by the customer is based on an individual, specific offer. The services set out therein as well as the price shall be deemed to have been agreed upon acceptance by the customer. The agreed price and any deposit are to be paid in advance and are due upon conclusion of the contract unless the parties have agreed a deviating term of payment. In the event of cancellation of an order after confirmation by the customer, INNOFLEET shall be entitled to claim damages. In this case, INNOFLEET shall be able to claim 60% of the agreed price, logistics costs not included, as lump-sum damages without prejudice to the possibility of claiming higher actual damages. Should INNOFLEET claim the lump sum of 60%, the customer shall be permitted to prove that the damage has not occurred or is significantly lower than the claimed lump sum. If the transport to the customer has already been ordered or initiated, the customer shall bear the previously agreed transport costs in full.

3. Obligations of the Customer / Use

The user shall be obliged to treat the  vehicle carefully  and observe  all legal and official regulations.  Participation in  motorsport events shall not be admitted. Use on test tracks and sites as well as off-road driving may only  take place with the prior consent of INNOFLEET. Driving  for test purposes shall generally be subject to  full liability due  to the high wear and tear and the increased risk potential. The  customer’s liability shall extend in particular to excessive wear and tear of the tires, brake system, clutch, or other mechanical parts. The customer shall also be liable in full for damages that  are due  to technical modifications or that have been caused through dismantling.

The customer shall be responsible for ensuring that all persons  driving the vehicle have   a valid driving license, have  the personal aptitude to drive vehicles and are  authorized by the  customer for the use of the vehicle. At  the request of INNOFLEET, the customer shall be obliged to provide the name  and address of  all drivers of the respective vehicle, insofar as these are not specified in the contract itself. The drivers are vicarious agents of the customer, accordingly the customer shall be responsible for their actions as if these actions were own ones. The  customer’s liability shall also  extend to  ancillary damage costs such as towing, downtime and expert costs as well as to a possible reduction in value.

4. Maintenance and Repair

The customer shall be obliged to comply with the maintenance periods of the vehicle provided to him and report  the respective due date to INNOFLEET via e-mail. The necessary maintenance shall be induced by INNOFLEET.  If this would  not be possible due to the location of the vehicle,  INNOFLEET shall  only bear these costs with prior consent and upon presentation of the relevant supporting documents. Should repair become necessary during the period of use of the vehicle in order to  ensure the operation or  road safety of the vehicle, the customer shall only  be allowed to assign repair with the  prior consent of  INNOFLEET. The repair costs shall be borne by INNOFLEET upon presentation of the corresponding documents, provided that the customer shall not be actually liable according to the provisions of No.3 or No.6.

5. Procedure in the Event of Accidents and Damage / Customer’s Obligation to Notify

In the event of a traffic accident (even without third-party damage), the user shall be obliged to immediately notify the responsible police station and report the accident, as well as to take all measures that ensure preservation of evidence of the  accident and enforcement of any claims for damages. Opposing claims may not be recognized.
The customer shall also be obliged to notify INNOFLEET immediately and  prepare  a written accident report,  at the latest upon return of the vehicle. It must, in particular, comprise  the names and addresses of all those involved in the accident and of any witnesses, the course of the accident, and the  registration plates of the vehicles involved.

6. Return of Vehicle / Liability of Customer

The vehicle is to be returned to  INNOFLEET  at  the agreed  time at the agreed place. The customer must return  the vehicle in the same condition in  which it had been taken over. The vehicle must be fully refuelled if, when entrusted, it had a full tank. Any refuelling shall be at the  expense of the user. The customer shall bear the costs of the transfer if the vehicle is returned to a location other than the one agreed.

The customer shall be liable for all damage to the vehicle that occured during use and is detected upon return. If the customer concludes a fully comprehensive cover, the liability shall be reduced to the retention of the fully comprehensive insurance that has been agreed in writing. The fully comprehensive insurance only covers  damage caused by an accident, i.e. by an event that suddenly occurs directly from the outside with mechanical force. Brake, operational and pure breakage damage are not considered as accident damage. The fully comprehensive insurance  therefore does not cover damage caused by improper handling and/or operation of the vehicle, for example as a result of a gear-shifting error or incorrect refuelling. The customer shall be liable in particular for glass, ground game, fire, theft and elementary damage. Should the customer conclude a partial comprehensive cover, the liability is to be reduced to the retention of the partial comprehensive insurance agreed in writing. The customer shall not be liable for damage caused by a third party, which is to be regulated by their liability insurance. In the case of vehicles not officially registered, no comprehensive protection can be offered, so that the liability for any damage must be borne in full by the customer.

Notwithstanding any reduction in liability agreed in advance in writing, the customer shall be liable without limitation

• in the event of accident escape or breach of obligations in accordance with 5
• in the event of intent or gross negligence
• for all damage to unregistered vehicles provided to the customer
• for excessive wear and tear on tyres, brakes or clutch
• for damage resulting from off-road operations
• for damage resulting from driving events that serve to achieve maximum speeds
• for damage caused by the installation of test and measuring instruments or similar
• for all fees, charges, fines and penalties incurred in connection with the use of the vehicle, for which INNOFLEET is resorted to

Lump sum for the processing of violations of the law (e.g. fine or law offences): for the processing of violations of traffic and governing regulations, possession tresspassing and other violations of the law, INNOFLEET shall charge a lump sum of EUR 29.00, unless the renter proves that no or a significantly lower outlay and/or damage have been incurred to INNOFLEET.

7. Notice

INNOFLEET may terminate the contract prematurely and/or without notice if the continuation of the entrustment of the vehicle becomes unreasonable, in particular in the event of false information on the type of use and duration  becoming known. Besides, claims for damages on the part of INNOFLEET remain unaffected.

8. Ancillary Provisions / Place of Jurisdiction

All disputes arising from this agreement shall be governed exclusively by German law. Place of performance and jurisdiction shall be the registered office of INNOFLEET.

• a) All ancillary agreements, changes or additions to the contract must be made in Verbal ancillary agreements do not exist.
• b) INNOFLEET shall not participate in a dispute resolution procedure before a  consumer arbitration board and shall not be obliged to do so.
• c) If the renter is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Stuttgart.
• d) The contract language is Insofar as INNOFLEET provides the customer with an English version of these General Terms and Conditions within the framework of the conclusion of   the contract, this shall only be a non-binding translation and a  non-binding service. In the event of discrepancies, ambiguities and contradictions between the German and the English version of  these GTC,  the German version of  the present GTC shall always take precedence over any translations.
• e) Should a provision in these General Terms and Conditions or a provision within the framework of other agreements between us and the user be or become invalid, the validity of all other provisions or agreements shall not be affected.

Download PDF of the General Terms and Conditions.

Status: April 2022

Privacy policy

We take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done. We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.

1. Who is responsible for the processing of personal data and whom can I contact if I have any questions?

The person responsible within the meaning of the statutory provisions on data protection (e.g. DSGVO) for the processing of personal data is:

RUFF pm GmbH
Königsallee 43
71638 Ludwigsburg
Commercial register | Handelsregister: HRB 781103
Registry court | Registergericht: Local court | Amtsgericht Stuttgart

You can revoke your consent for the future at any time by sending an email to dsgvo@innofleet.de.

2. How do we collect your information?

Your data is collected when you visit the website. This is mainly technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter our website. Some of the data is collected to ensure error-free provision of the website. Other data may be used to analyse your user behaviour. In addition, your data is collected by you providing it to us. Your personal data is used and stored for the fulfilment of the existing contract with you or the implementation of the contractual or pre-contractual measures requested by you (e.g. preparation of an offer, answering a contact enquiry) as well as for our own advertising purposes.

3. Data sharing

Your personal data will not be transferred to third parties for purposes other than those listed below. We only pass on your personal data to third parties if:
– you have given your express consent to do so in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO,
– on the basis of legitimate interests pursuant to Art. 6 Para. 1 lit. f. DSGVO in the economic and effective operation of our business,
– in the event that there is a legal obligation for the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c DSGVO, as well as
– this is legally permissible and necessary for the processing of contractual relationships with you according to Art. 6 para. 1 p. 1 lit. b DSGVO.

4. Data processing for the purpose of contract initiation and processing (Art. 6 para. 1 lit. b DSGVO)

The processing of the data is necessary for the initiation, execution and settlement of the contract. The following types of personal data are processed within the scope of project processing: Name of the customer, address data, telephone number, e-mail address for the preparation of the contractually agreed services, dispatch of invoices if necessary reminders, processing of payment, communication with the customer, complaint management. The personal data are processed for the following purposes on the following legal basis:
– Fulfilment (including invoicing) of the contract (and implementation of pre-contractual measures upon your request) on the basis of Art. 6 para. 1 lit. b DSGVO.
– Direct advertising on the basis of Art. 6 para. 1 lit. a DSGVO or your consent and on the basis of Art. 6 para. 1 lit. f) DSGVO and
– Fulfilment of legal obligations (Art. 6 para. 1 lit. c) DSGVO)
– Compliance with legal archiving and storage obligations (e.g. § 257 HGB, § 147 AO) on the basis of Art. 6 para. 1 lit. c) DSGVO

5. Is there any disclosure of personal data to other bodies?

Within our company, those departments receive access to the data that need it to fulfil the above-mentioned purposes. This also applies to service providers and vicarious agents employed by us. Personal data will only be transmitted by us to third parties if this is necessary for the aforementioned purposes or if you have given your prior consent.
Recipients of personal data may be, for example: Financial and tax authorities, trade credit insurance (EulerHermes), collection service providers, insurance companies, banks and credit institutions (payment processing), planning partners, commercial agents, auditors, internet service providers (e.g. Google) and internet agencies, lawyers and auditors.
The legal basis for these transfers is Article 6(1)(b) and Article 6(1)(f) of the General Data Protection Regulation. Transfers based on Article 6(1)(f) of the GDPR may only take place if this is necessary to protect the legitimate interests of the site operators or third parties and if the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, do not take precedence.

6. Deleting data

Your/their personal data will be stored for the above-mentioned purposes. Your data will be processed for the first time from the time of collection, insofar as you or a third party provide it to us. Your/the personal data will be deleted when the contractual relationship with you/the customer has ended or the joint project has ended, all mutual claims have been fulfilled and there are no other legal retention obligations or legal justification reasons for the storage. These are the retention obligations from the German Commercial Code (HGB) and the German Fiscal Code (AO). This means that your personal data will be deleted at the latest after expiry of the statutory retention obligations, which is usually 10 years after the end of the contract.
Physical documents relating to the projects are destroyed within the same periods.

7. Rights of data subjects

You have the right
– to request information about your personal data processed by us in accordance with Art. 15 DSGVO. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
– in accordance with Art. 16 DSGVO, to demand the immediate correction of inaccurate or incomplete personal data stored by us;
– in accordance with Article 17 of the Regulation, to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims;
– in accordance with Art. 18 DSGVO, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defence of legal claims or you have objected to the processing in accordance with Art. 21 DSGVO;
– pursuant to Art. 20 DSGVO, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller;
– revoke your consent at any time in accordance with Art. 7 (3) DSGVO. This has the consequence that we may no longer continue the data processing based on this consent in the future; and
– complain to a supervisory authority in accordance with Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose.

8. Right of objection

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, insofar as there are grounds for doing so that arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which is implemented by us without specifying a particular situation.
If you wish to make use of your right of revocation or objection, it is sufficient to send an e-mail to
dsgvo@innofleet.de.

9. Cookies

We use cookies on various pages so that you can move around the website and use its functions, for example when accessing password-protected areas. Without these cookies, we cannot provide you with certain services you have requested (Art. 6 para. 1 p. 1 lit. b DSGVO).
Insofar as you have consented to this, we also use cookies for tracking purposes in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO in order to improve the functionality and service of the website, to compile statistics on how our website is used and to see how effective our advertising campaigns are. In addition, cookies allow us to remember previous details of a visit (e.g. username, language) in order to provide services tailored to the user. Cookies are also used to tailor our website to your needs; to this end, pseudonymous usage profiles may be created which allow us to analyse how you use the website. In addition, we may also use cookies with more extensive tracking and targeting functions. These cookies are mainly used to target advertising more specifically to you and your interests and it may also be possible to track a user on other sites. Targeting cookies also allow so-called advertising networks to recognise, for example, how often a user has visited our site and this information can be passed on to other advertising companies.
Cookies are small text files that are stored on your computer. Most of the cookies we use are deleted from your hard drive at the end of the browser session (so-called session cookies). Other cookies remain on your computer and enable us to recognise your computer on your next visit (so-called permanent cookies). Of course, you also have the option of viewing our website without cookies. Most browsers accept cookies automatically.
You can set your browser so that you are informed about the placement of cookies; this makes the use of cookies transparent for you.
You can revoke the consent you have given us or object to data processing at any time. The easiest way to do this is to prevent cookies from being stored on your hard drive by selecting „Do not accept cookies“ in your browser settings. However, in this case you may not be able to use all the functions of our website to their full extent.

10. Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
– browser type and browser version
– Operating system used
– referrer URL
– Host name of the accessing computer
– Time of the server request
– IP address
This data will not be merged with other data sources.

11. Analysis Tool (Google Analytics)

This website uses Google Analytics, a web analytics service provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA („Google“). Google Analytics uses „cookies“, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. However, in the event that IP anonymisation is activated on this website, your IP address will be truncated beforehand by Google within member states of the European Union or in other member states of the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
Google will use this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Universal Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link (http://tools.google.com/dlpage/gaoptout?hl=de).
As an alternative to the browser plug-in, you can prevent the collection of data by Google Analytics by clicking on the following link: Deactivate collection of data by Google Analytics for this website.
An opt-out cookie will be set that prevents future collection of your data when visiting this website. You can find more information on this at http://tools.google.com/dlpage/gaoptout?hl=de and at http://www.google.com/intl/de/analytics/privacyoverview.html (general information on Google Analytics and data protection).
We would like to point out that the code „gat._anonymizeIp();“ has been added to Google Universal Analytics on this website to ensure anonymised collection of IP addresses (so-called IP masking).
AnGoogle Analytics

12. Social Media Plug-ins

We use social plug-ins from the social networks LinkedIn, XING and Twitter on our website on the basis of Art. 6 (1) sentence 1 lit. f DSGVO in order to raise awareness of our law firm. The underlying promotional purpose is to be regarded as a legitimate interest within the meaning of the DSGVO. The responsibility for data protection-compliant operation is to be ensured by their respective providers. We integrate these plug-ins using the so-called two-click method in order to protect visitors to our website as best as possible.

a) LinkedIn
Our website also uses the „share function“ of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. If you click on the LinkedIn „share button“ (plug-in), you will be redirected to your user account in a separate browser window – provided you are logged in to your LinkedIn user account – and can share the electronic publication stored on our website by adding a comment. The plug-in establishes a direct connection between your browser and the LinkedIn server. LinkedIn thereby receives the information that you have visited our website with your IP address. In addition, it is then possible for LinkedIn to assign your visit to our website to you and your user account. We would like to point out that we have no knowledge of the content of the transmitted (personal) data or its use by LinkedIn. You can find more information on this in LinkedIn’s privacy policy at: https://www.linkedin.com/legal/privacy-policy.

b) XING
Our website also uses the „share function“ of the XING network. The provider is XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany. If you click on the XING „Share button“ (plug-in), you will be redirected to your user account in a separate browser window – provided you are logged in to your XING user account – and can share the electronic publication stored on our website by adding a comment. The plug-in establishes a direct connection between your browser and the XING server. XING thereby receives the information that you have visited our website with your IP address. We would like to point out that we have no knowledge of the content of the transmitted (personal) data or its use by XING. You can find more information on this in the XING privacy policy at: https://www.xing.com/app/share?op=data_protection.

c) Twitter

Plugins of the Twitter Inc. short message network (Twitter) are integrated on our website. You can recognise the Twitter plugins (tweet button) by the Twitter logo on our site. You can find an overview of tweet buttons here (https://about.twitter.com/resources/buttons).

When you call up a page of our website that contains such a plugin, a direct connection is established between your browser and the Twitter server. Twitter thereby receives the information that you have visited our site with your IP address. If you click the Twitter „tweet button“ while you are logged into your Twitter account, you can link the content of our pages on your Twitter profile. This enables Twitter to associate your visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Twitter.

If you do not wish Twitter to be able to associate your visit to our pages, please log out of your Twitter user account.

You can find more information on this in Twitter’s privacy policy (https://twitter.com/privacy).

13. Actuality and updating of this privacy policy

This data protection declaration is currently valid and has the status December 2021. Due to the further development of our website and offers on it or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can access and print out the current data protection declaration at any time on the website at http://www.innofleet.de/datenschutzerklaerung/. The contact details of our data protection officer are: dsgvo@innofleet.de.

Imprint / legal disclosure

Responsible for content according to Art. 55 Par. 2 RStV [Rundfunkstaatsvertrag – German Broadcasting Treaty]

INNOFLEET is part of the limited company RUFF pm GmbH
Königsallee 43
71638 Ludwigsburg
Germany

Amtsgerich [District Court] Stuttgart | HRB 781103
Management: Richard Ruff

Tax number: 71351|03000
VAT ID number.: DE346592388

Phone number: +49 (0) 7141 – 25 88 33-0
E-mail address: mail@innofleet.de

EU Dispute Settlement

The European Commission offers a platform for the online settlement of disputes (OS): https://ec.europa.eu/consumers/odr.

Please refer to the company details above for our e-mail address.

Consumer Dispute Resolution

RUFF pm GmbH is neither obliged nor willing to participate in dispute resolution proceedings before arbitration boards.

Liability for Content

As a service provider, we are responsible for own content on these pages according to general laws as per Art. 7 Par.1 TMG [Telemediengesetz – German Telemedia Act]. According to Par. 8 to 10 TMG, we – as service provider – are however not obliged to monitor information transmitted or stored by third-parties or to investigate circumstances that indicate illegal activity.

Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. However, liability in this regard is only possible from the time of knowledge of a specific infringement. As soon as we have become aware of such violations, we will remove such content immediately.

Liability for Links

Our offer contains links to external websites of third parties on whose contents we have no influence. Therefore, we cannot assume any liability for these third-party contents. The respective provider or operator of the linked pages shall always be responsible for the content of these pages. The linked pages were checked for potential legal violations when generating the link. Illegal content was not recognizable at the time of linking.

However, a permanent control of the content of the linked pages is not deemed reasonable without concrete evidence of a violation of the law. As soon as any legal violations have been recognized, we shall remove such links immediately.

Copyright

The content and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution, and any kind of exploitation outside the limits of copyright shall require the written consent of the respective author or originator. Downloads and copies of this site shall only be permitted for private, non-commercial use.

Insofar as the contents on this page were not created by the operator, the copyrights of third parties have been and shall be observed. In particular, third-party contents shall be marked as such. Should you nevertheless become aware of a copyright infringement, we request you to kindly let us know by e-mail so that a remedy can be found quickly. As soon as any legal violations have been recognized, we shall remove such links immediately.